Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 156P

FWC to determine applications

(1) If an application is made under subsection 156N(1) to have an
employer MySuper product included on the schedule, the FWC must make a
determination about whether to include the product on the schedule.

Note: The FWC must be
constituted by an Expert Panel for the purposes of making this determination
(see paragraphs 617(4)(d) and (5)(a)).

(2) The FWC must not determine that the product is to be included on the
schedule unless the product satisfies the first stage test and the second
stage test.